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Enterprise Risk Management

Balancing Risk Probability and Vulnerability

Mark Layton | May 1, 2007

Mark Layton explains why too much emphasis on probability fails in the face of improbable risks.

Property Insurance

When Must an Insurer Pay a Claim?

Jay Levin | May 1, 2007

After a loss, a commercial policyholder needs to get repairs completed and business back up and running at full speed as quickly as possible. Frequently, the proceeds of the property insurance policy are necessary to accomplish this very important goal. Not all policyholders have the ability to finance repairs themselves while they wait for the adjustment process to be completed and the insurance company to pay the loss.

Intellectual Property

Active Inducement of Infringement: Proof of Knowledge of a Patent Is Required

Sanford Warren | May 1, 2007

Sanford Warren explains why "active inducement of infringement" is a critical tool in preventing patent violation, and what the courts have to say on the subject.

Claims Practices

The Lawyer as an Insurance Claims Expert

Barry Zalma | May 1, 2007

Contrary to popular opinion, Barry Zalma says a lawyer can make a good expert witness in an insurance claims dispute.

Agent and Broker Technology Issues

Are We Finally Ready for Electronic Trading?

Andrew Berry | April 1, 2007

Andrew Berry predicts the London and small commercial insurance sectors will see significant developments in 2–5 years.

Courts and Coverage

Ensuing Loss Clauses in Homeowners Policies: Confusing but Not Ambiguous

Brent Cooper | April 1, 2007

Recent court decisions make clear that ensuing loss clauses do not broaden or create coverage. Brent Cooper and Dana Harbin explain.

Property Insurance

Ensuing Loss: Getting Around a Property Policy's Defective Construction Exclusion

Jay Levin | April 1, 2007

Jay Levin points out the logical inconsistency of a broad reading of the faulty workmanship exclusion and the narrow reading of the "ensuing loss" exception.

Liability Insurance

Cover Me: the Subcontractor Exception to the Your [Completed] Work Exclusion

Steven Rawls | April 1, 2007

Steve Rawls explains why the issue of whether the general contractor's CGL policy covers faulty completed subcontractor work is far from settled.

Current Trends and Issues

Hazards of Relying on Computer Technology in Claim Settlements

Tim Ryles | April 1, 2007

Dr. Tim Ryles addresses problems with reliance on outside vendor software in resolving claims and offers suggestions for new regulatory oversight of claims software.